State of Victoria (Victorian Electoral Commission) 2016

Version / Date / Description
1.0 / 5 August 2016 / Original published
1.1 / 31 August 2016 / Following change to legislation:
Indications of preferences removed from Election timeline (Postal), Introduction, Ballot packs (section 4.1), and Glossary
Notice of changes to indications of preferences added to section 2 (page10)
section 2.2 (pages 15-16) and section 2.4 (page 18).

This work, Candidate Handbook - Postal, is licensed under a Creative Commons Attribution 4.0 licence [http://creativecommons.org/licenses/by/4.0/]. You are free to re-use the work under that licence, on the condition that you credit the State of Victoria (Victorian Electoral Commission) as author, indicate if changes were made and comply with the other licence terms. The licence does not apply to any branding, including government logos.

Contents

Election timeline (Postal) i

Introduction 1

1. Nominating as a candidate 2

1.1 Eligibility to stand for council 2

1.2 Enrolment on voters’ roll 4

1.3 Nomination procedures 5

1.4 Nomination checklist 9

2. Candidate statement and indication of preferences 10

2.1 Candidate statement 10

2.3 Printing and publication of electoral material 16

2.4 Candidate statement and indication of preferences checklist 18

3. Candidate questionnaire 19

3.1 Candidate questionnaire checklist 21

4. Voting and results 22

4.1 Ballot packs 22

4.2 Obtaining the result 24

4.3 Scrutineers 26

4.4 Voting and results checklist 28

5. Election compliance and post-election activities 29

5.1 Election offences 29

5.2 Compulsory voting enforcement 31

5.3 Complaints 31

5.4 Municipal Electoral Tribunal 32

5.5 Extraordinary vacancies 34

5.6 Disclosure of election donations 35

5.7 Election compliance and post-election activities checklist 36

6. Appendices 37

Appendix 1: Result where only one candidate is to be elected 37

Appendix 2: Result where two or more councillors are to be elected 38

Appendix 3: Counting activities 41

7. Glossary 43

Election timeline (Postal)

Introduction

This handbook is intended to assist candidates in Victorian local government postal elections conducted by the Victorian Electoral Commission (VEC).

The handbook outlines aspects of electoral law that directly relate to candidates. The handbook is not a substitute for the law and should be read in conjunction with the Local Government Act 1989 and the Local Government (Electoral) Regulations 2016. The public can access the most recent version of Victorian legislation at legislation.vic.gov.au

Candidates are encouraged to make an appointment with the Returning Officer early in the nomination period to discuss election arrangements, and to utilise the VEC’s online candidate helper to pre-complete their nomination, candidate statement, indication of preferences and questionnaire lodgement forms.

The Returning Officer will conduct an information session for prospective candidates and provide a Candidate Information Kit with relevant handbooks and forms for candidates and their scrutineers.

Candidates are reminded that while the VEC will provide information, it does not provide legal advice. Candidates must satisfy themselves as to their legal position including, where appropriate, by obtaining their own legal advice.

It is the responsibility of individual candidates to ensure that they comply with electoral law.

Candidate statement and indication of preferences CANDIDATE HANDBOOK-POSTAL

1. Nominating as a candidate

Overview
This chapter provides information on the eligibility requirements to nominate as a candidate for local council. Prospective candidates are encouraged to consider their eligibility in reference to this chapter and the relevant provisions of the Local Government Act 1989. The chapter also provides information on the process of nominating, including how to prepare a nomination form using the VEC’s online candidate helper. Candidates must lodge their nomination form in person with the Returning Officer for the council in which they are nominating.

1.1 Eligibility to stand for council

Please see the Local Government Act 1989 (Act) for more detail on candidate eligibility.
/ Candidates should read sections 28 and 28A of the Act prior to completing a nomination form.
It is each candidate’s responsibility to ensure that they are qualified to nominate. If necessary, they should seek their own legal advice.
Qualifications[1] / Section 28 of the Act states that:
28 (1) A person is qualified to be a candidate for the office of Councillor if he or she has an entitlement referred to in section 11.
28 (1A) A person is qualified to become and continue to be a Councillor at a particular time if, were that particular time the entitlement date and a voters’ roll prepared, subsection (1) would apply to that person.
The Returning Officer must reject as being void a nomination from a person who is not enrolled on the voters’ roll for the election.
It is an offence to nominate as a candidate for election if you are not qualified to do so. See section 5.1 ‘Election offences’.
Disqualifications[2] / The Act provides a list of conditions which disqualify a person from becoming a councillor or nominating as a candidate. The disqualifications for nominating as a candidate include if the person:
· is a member of an Australian Parliament, including the Federal Parliament or a Parliament of a State or Territory of the Commonwealth of Australia
· is a councillor of another council, including interstate councils
· is employed as a Ministerial officer, Parliamentary adviser or an electorate officer by a member of an Australian Parliament, including the Federal Parliament or a Parliament of a State or Territory of the Commonwealth of Australia
· is an undischarged bankrupt
· has property that is subject to control under the law relating to bankruptcy
· is of unsound mind
· is a member of staff of the council for which he or she intends to be a councillor, unless he or she has taken leave to stand as a candidate and, if elected, resigns immediately upon the declaration of results
· is not an Australian citizen or a British subject who was on an Australian electoral roll at the start of 1984 or
· is otherwise incapable of becoming or continuing to be a councillor.
Candidates who are currently employed as a Ministerial officer or Parliamentary adviser must take leave from their position and not perform any duties of the position. If elected, the candidate cannot take the oath of office until they have resigned from their employment.
Candidates who are currently members of staff of the council for which they are standing for election must take leave to stand for election and resign from their council employment immediately after being declared elected.
Persons who are disqualified as a result of a conviction for offences referred to in section 29(2) of the Act may apply to the Victorian Civil and Administrative Tribunal (VCAT) for relief from the disqualification after a period of four years from the date of the conviction.
/ This list is not exhaustive.
Persons intending to nominate should familiarise themselves with the Act for a full list of disqualifications.

1.2 Enrolment on voters’ roll

All prospective candidates are advised to read sections 11 to 17 of the Act regarding enrolment qualification. If interpretation is required it is important to seek legal advice.

For completeness, this section summarises all of the enrolment entitlements that exist at local government elections. Many of these entitlements include voters who are not Australian citizens. However, only Australian citizens (and qualified British subjects) who are enrolled on the voters’ roll for a council may stand for election to that council.

Persons entitled to be enrolled without application / The following persons are entitled to be enrolled without application:
· a person who on entitlement date would be an elector in respect of an address in a ward if a roll for the Legislative Assembly was prepared, is entitled as a resident without application to be enrolled on the voters’ roll in respect of that address [section 12 of the Act]
· up to two owners, not a resident of the municipal district
[section 13 of the Act].
/ Persons who own multiple properties within a council area and do not live within the council area may nominate which property is used for voting purposes. If no written request is received, the council must choose one and may use capital improved value [sections 13(6) and (7) of the Act].
Only two ratepayer entitlements for any rateable property / For non-resident property owners, there can be no more than two voting entitlements for the same rateable property on the council’s chief executive officer’s list. Owners should contact the council to confirm an entitlement [sections 13, 14, 15 and 16 of the Act].
Persons entitled to apply to be enrolled / Applications to the council for enrolment on the Chief Executive Officer’s list may be made by:
· a resident owner of a property not automatically entitled to be enrolled (e.g. non-citizens) [section 14(1) of the Act]
· occupiers who are liable to pay the rates in respect of any rateable property may apply with the owner’s consent and replace the owner’s voting entitlement. An occupier is typically someone who operates a business in rented premises within the council area [section 15 of the Act]
· a corporation that owns or occupies rateable property, whether solely or jointly with other persons, and is liable to pay rates in respect of the rateable property may apply to appoint a person to vote on its behalf [section 16 of the Act].
/ Corporation appointees must be a director or company secretary, at least 18 years of age, and have no other entitlements on the voters’ roll for the election. Appointees must have consented in writing to their appointment [section 16(9) of the Act].
Enrolments by application are only valid for one election cycle and expire on the day before the entitlement date for the next election [section 11(7) of the Act].
Applications for enrolment / Section 11(6) of the Act requires that an application must:
(a) be in writing
(b) contain the details required by the Regulations
(c) be delivered to the council office by 4.00 pm on the entitlement date.
Penalties / Refer to section 5.1 ‘Election offences’ in this handbook for more information on penalties for false information in relation to enrolment.
Limitations on right of entitlement / A person or corporation is not entitled to choose which right of entitlement conferred by sections 12(1), 13(1), 14(1) or 15(1) of the Act to exercise. These categories are hierarchical and a person must be enrolled in the first category in which an entitlement is held.
Regardless of how many voting entitlements a person may have within a council area, any person is only entitled to vote once at elections in respect of that council [section 11(3) of the Act].

1.3 Nomination procedures

Prospective candidates must first complete and lodge a nomination form. Nomination forms can be pre-completed using the online candidate helper on the VEC website vec.vic.gov.au The nomination form can also be downloaded from the VEC website for completion by hand.
Nominations must be submitted by 12 noon on Tuesday 20 September. Late nominations cannot be accepted.
Candidate helper
/ Prospective candidates are encouraged to use the online candidate helper available on the VEC website to pre-complete the nomination form. The online candidate helper guides candidates through each part of the nomination form.
Once all details have been entered and are correct, the information should be saved and the pre-completed nomination form can be printed.
Candidates who wish to save their progress and return to the nomination form at a later time should make a note of the reference number provided by the application.
Nominations cannot be finalised online. All candidates must lodge their completed nomination form, with their nomination fee, in person with the Returning Officer.
Paper nomination form
/ The nomination form can be downloaded from the VEC website for completion by hand. The paper nomination form can also be found in the Candidate Information Kit or obtained from the Returning Officer.
Nomination forms completed by hand will need to be entered into the VEC’s election management system at the election office. Depending on the number of candidates nominating, especially on nomination day, there could be considerable waiting time for candidates who lodge a hand-written nomination form.
Completing the nomination form / Candidates must provide their full name, the address for which they are enrolled on the voters’ roll, and, if different, their residential and/or postal addresses on the nomination form.
If a candidate has changed his or her name from that which appears on the voters’ roll, the candidate must attach evidence of the change of name to the nomination form.
A person must not nominate as a candidate for more than one election of councillors to be held on the same day otherwise all nominations by that candidate are void.
Candidates should carefully check their contact details before lodging the nomination form. Once these details are published, changes may not be possible.
Candidates must sign the first page of the nomination form after checking the correctness of the details on that page. The signature on the second page of the nomination form relates to the candidate’s declaration and must be signed in the presence of the Returning Officer.
At the election office, candidates will be given an opportunity to confirm their nomination details have been captured correctly by the Returning Officer before their nomination is finalised.
Name on ballot paper / A candidate's name will appear on the ballot paper in the form specified in the nomination form. The surname must be as it appears on the voters’ roll. Acceptable alternatives to a candidate’s full given name/s include:
· initial/s standing for that name
· a commonly accepted variation of that name, including an abbreviation or an alternative form of that name
· a commonly used other name specific to the candidate by which the candidate is usually identified. A candidate will be required to produce evidence to the satisfaction of the Returning Officer that it is a name by which the candidate is usually identified. This includes where a person’s middle name is used as their first name.